shari a law in commercial and banking arbitration law and practice in saudi arabia

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Shari A Law In Commercial And Banking Arbitration

Author : Abdulrahman Yahya Baamir
ISBN : 9781317055631
Genre : Law
File Size : 34. 14 MB
Format : PDF
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This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.

Mixed Legal Systems East And West

Author : Vernon Valentine Palmer
ISBN : 9781317095385
Genre : Law
File Size : 54. 45 MB
Format : PDF, ePub
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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Arbitration With The Arab Countries

Author : Jalal El-Ahdab
ISBN : 9789041131706
Genre : Law
File Size : 42. 93 MB
Format : PDF, Kindle
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Arab arbitration law has moved beyond the crisis caused by the controversial ARAMCO and Abu Dhabi awards. The past decade has witnessed widespread changes in Arab arbitration law, including the modification of arbitration laws by a number of Arab countries, the creation of several new arbitration centers in these countries, and the accession by most Arab countries to the New York Convention. Arbitrators and other practitioners whose work deals with one or more Arab states and academics involved in the study of Arab arbitration law need a complete resource that ties together the multiple components of law in this area. Arbitration with the Arab Countries supplies this resource, setting out the evolution of Arab arbitration law and offering an exhaustive commentary on the law and practice of arbitration throughout the Arab world and exploring some of the remaining problems and hidden truths in the field. Its practical features include: an introduction to and explanation of the concepts of arbitration in Moslem law coverage of several pan-Arabic conventions on Arab and international arbitration a view of the state of the law in each relevant country Arbitration with the Arab Countries allows the user to look up the arbitration systems and practice of a particular country while also contributing to a deeper understanding of the influences of Moslem law in this area generally. Practitioners and academics will appreciate its completeness and insight.

Law And Practice Of International Commercial Arbitration

Author : Alan Redfern
ISBN : 0421862408
Genre : Arbitration and award, International
File Size : 76. 16 MB
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Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations

Practitioner S Guide To Arbitration In The Middle East And North Africa

Author : Essam Al Tamimi
ISBN : 9781933833309
Genre : Law
File Size : 25. 47 MB
Format : PDF
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The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.

Doing Business In Saudi Arabia

Author : Michael O'Kane
ISBN : 9780615431789
Genre : Business & Economics
File Size : 25. 73 MB
Format : PDF, ePub, Docs
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Now greatly expanded, with new sections covering the new Saudi mortgage law, dispute resolution and more!Doing business in Saudi Arabia can be perilous for the new enterprise but promises rich rewards. Those who wish to tap the commercial riches of doing business in the Kingdom of Saudi Arabia need this book. Unlike other books about doing business in the Kingdom, this practical guide will help you avoid the mistakes and pitfalls for the unwary. Among the topics covered are:Corporate FormationGovernment ContractsTort LawSaudi Powers of AttorneyBanking SystemIslamic FinancingOpening Bank AccountsCapital MarketsSecurities BusinessPrivate PlacementsForeign InvestmentImport StandardsCustomsContractor ClassificationTypes of Business EntitiesAgency and DistributionReal PropertyMortgage and Finance LawsConveyancingLiquidationLabor LawIntellectual PropertyTaxation (yes, there are taxes in Saudi Arabia)MiningE-Commerce and Data ProtectionWTO IssuesCorrupt PracticesDispute ResolutionThe New Saudi Arbitration Law...and more.Similar books sell for two or three times the price. Newly revised as of March, 2013, this book is an indispensable tool for any company seeking to open new business lines in the Kingdom.

Essays And Addresses On Arab Laws

Author : W. M. Ballantyne
ISBN : 9781136112669
Genre : Social Science
File Size : 29. 70 MB
Format : PDF
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Gathering together the author’s earlier writings along with essays on recent developments, this text provides essential information for anyone wishing to do business in Arab countries and needing to acquaint themselves with the legal position there. The volume presents an impartial examination of the commercial laws of the Gulf Arab states and gives details of how pitfalls and costly errors can be avoided when dealing with those states. Based on the author's extensive professional experience, the book is indispensable to business men contemplating doing business in the Arab world, and to students of Arab commercial life.

Arab Commercial Law

Author : W. M. Ballantyne
ISBN : STANFORD:36105063161595
Genre : Law
File Size : 89. 87 MB
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Chern On Dispute Boards

Author : Cyril Chern
ISBN : 9781317630692
Genre : Law
File Size : 64. 26 MB
Format : PDF, ePub, Docs
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Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. Readers of this this updated third edition will have explained to them the various international formats and types of dispute boards in use today and be brought up-to-date on the ever evolving law within the field. New to this 3rd edition is the extensive coverage of appeals from Dispute Board Decisions, the laws relative to appeals and the ICC, enforcement procedures and new forms and guidelines for the practitioner. This book guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. It is therefore, the number one guide for construction lawyers, engineers and dispute board stakeholders worldwide.

Islamic Finance

Author : David Eisenberg
ISBN : 9780191630897
Genre : Religion
File Size : 77. 62 MB
Format : PDF, Kindle
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This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.

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